Universit Cheikh Anta Diop

Facult des Sciences Juridiques et Politiques

EXAMEN DU PREMIER SEMESTRE
ANGLAIS JURIDIQUE
MASTER 1 EPRI

ANNEE ACADEMIQUE 2014/2015

M. THIAM, Daouda
Nom :.(en
majuscules)
Prnoms .
Date et lieu de naissance

I.

Complete the following text with the appropriate words from the list (10 points)
a)
affairs
f)
individuals
b)
custom
g)
principle
c)
democracies
h)
prosecution
d)
Discern
i)
Trend
e)
genocide
j)
Voluntarily
The conflict between international law and national sovereignty is subject to vigorous debate and dispute in
academia, diplomacy, and politics. Certainly, there is a growing 1.....................................toward judging a state's
domestic actions in the light of international law and standards. Numerous people now view the nation-state as the
primary unit of international affairs, and believe that only states may choose to 2............................... enter into
commitments under international law, and that they have the right to follow their own counsel when it comes to
interpretation of their commitments. Certain scholars and political leaders feel that these modern developments
endanger nation states by taking power away from state governments and ceding it to international bodies such as
the U.N. and the World Bank, argue that international law has evolved to a point where it exists separately from
the mere consent of states, and 3.......................................a legislative and judicial process to international law that
parallels such processes within domestic law. This especially occurs when states violate or deviate from the
expected standards of conduct adhered to by all civilized nations.
A number of states place emphasis on the 4...............................................of territorial sovereignty, thus seeing
states as having free rein over their internal affairs. Other states oppose this view. One group of opponents of this
point of view, including many European nations, maintain that all civilized nations have certain norms of conduct
expected of them, including the prohibition of 5....................................................., slavery and the slave trade, wars
of aggression, torture, and piracy, and that violation of these universal norms represents a crime, not only against
the individual victims, but against humanity as a whole. States and 6...............................who subscribe to this view
opine that, in the case of the individual responsible for violation of international law, he "is become, like the pirate
and the slave trader before him, hostis humani generis, an enemy of all mankind", and thus subject to
7...........................................in a fair trial before any fundamentally just tribunal, through the exercise of universal
jurisdiction.
Though the European democracies tend to support broad, universalistic interpretations of international law, many
other democracies have differing views on international law. Several 8.., including
India, Israel and the United States, take a flexible, eclectic approach, recognizing aspects of public international
law such as territorial rights as universal, regarding other aspects as arising from treaty or
9., and viewing certain aspects as not being subjects of public international law at all.
Democracies in the developing world, due to their past colonial histories, often insist on non-interference in their
internal 10., particularly regarding human rights standards or their peculiar institutions, but often
strongly support international law at the bilateral and multilateral levels, such as in the United Nations, and
especially regarding the use of force, disarmament obligations, and the terms of the UN Charter.
II.
Read the following text and decide whether the statements below are TRUE OR FALSE. Justify your
choice by quoting the text.
1.
Gordon Brown stresses the importance of global citizenship
..
2.
Gordon Brown thinks national identity is no longer important
..
3.
Technology plays a great part in global citizenship

..
4.
If there is no trade between countries, there is no progress of world economy.
..
5.
The problems we have cannot be solved by one nation alone
..
Chris Anderson: Thank you so much, Prime Minister, that was both fascinating and quite inspiring. So, you're
calling for a global ethic. Would you describe that as global citizenship? Is that an idea that you believe in, and
how would you define that?
Gordon Brown: I think it is about global citizenship. It's about recognizing our responsibilities to others. There is
so much to do over the next few years that is obvious to so many of us to build a better world. And there is so
much shared sense of what we need to do, that it is vital that we all come together. But we don't necessarily have
the means to do so.
So there are challenges to be met. I believe the concept of global citizenship will simply grow out of people
talking to each other across continents. But then, of course, the task is to create the institutions that make that
global society work. But I don't think we should underestimate the extent to which massive changes in
technology make possible the linking up of people across the world.
CA: But people get excited about this idea of global citizenship, but then they get confused a bit again when they
start thinking about patriotism, and how to combine these two. I mean, you're elected as Prime Minister with a
brief to bat for Britain. How do you reconcile the two things?
GB: Well, of course national identity remains important. But it's not at the expense of people accepting their
global responsibilities. And I think one of the problems of a recession is that people become more
protectionist, they look in on themselves, they try to protect their own nation, perhaps at the expense of other
nations. When you actually look at the motor of the world economy, it cannot move forward unless there is trade
between the different countries. And any nation that would become protectionist over the next few years would
deprive itself of the chance of getting the benefits of growth in the world economy.
So, you've got to have a healthy sense of patriotism; that's absolutely important. But you've got to realize that this
world has changed fundamentally, and the problems that we have cannot be solved by one nation and one nation
alone.
III.
Read the following text and put the words in the box in their appropriate places
1.
5.
binding
Maintains
2.
6.
coined
mind
3.
7.
found
overall
4.
Interests
8.
subsidiary
In any given society where people live together, conflicts of ( 1 ) . . are bound to arise and there
is always the need to do justice. Rules for the regulations of human conduct are, therefore, present in all
societies. They are necessary for the stability and peace because man would not know how he should behave. As
the relations of the individuals in a society are governed by municipal law, the relations of the states are
governed by international law. Like municipal law, international law also international order
and stability in the society of nations. It is in the interest of states themselves to agree and to regulate their
relations with one another.
International law, also called public international law or law of nations, the body of legal rules, norms, and
standards that apply between sovereign states and other entities that are legally recognized as international
actors. The term was ..by the English philosopher Jeremy Bentham (17481832).
Public International Law is the law of the political system of nation-states and other entities of the international
sphere. It is a distinct and self-contained system of law, independent of the national systems with which it
interacts, and dealing with relations which they do not effectively govern. Since there is no
legislature or law-creating body in the international political system, the rules, principles, and processes of
international law must be identified through a variety of sources and mechanisms. This can make international
law appear difficult to pin down.
International law refers to those rules and norms which regulate the conduct of states and other entities which at
any time are recognized as being endowed with international personality, for example international organisations
and individuals, in their relations with each other.

Rules and norms of any legal system derive authority from their source. The sources articulate what
the law is and where it can be. In a developed municipal system, sources may be readily
identifiable, for example, in India the sources of law include Custom recognized by law, Precedent and
Legislation. But the same does not hold true in the international arena due to the lack of an international
legislature or a legal system where all the nations are a party. International law is to be found in the
common consent of the international community. The Article 38 of the Statute of the International Court of
Justice forms a good steeping stone in the understanding of sources of international law.
Sources of International Law
Keeping in that the international community neither has a Constitution nor a legislature the
question relating to the sources of the sources of International Law is answered by Article 38 of the Statute of the
International Court of Justice which does not expressly mention the word source but spells out how the court is
to decide disputes which may come before it for settlement. It is, however, legally ..on the
International Court of Justice because of its inclusion in the Statute of the court, and is authoritative generally
because it reflects state practice. The Article 38 reads as under:
1. The Court, whose function is to decide in accordance with international law such disputes are submitted to
it, shall apply:
a. International conventions, whether general or particular, establishing rules expressly recognized by the
contesting states;
b. International custom, as evidence of a general or particular practice accepted by law;
c. The general principles of law recognized by civilized nations;
d. Subject to provision of Article 59, judicial decisions and the teaching of the most highly qualified
publicists of the various nations, as means for the determination of rules of the law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties
agree thereto.